HIRDESH
Maharaj Singh Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
This miscellaneous petition under Article 227 of the Constitution of India has been filed by the petitioner/plaintiff challenging the order dated 14.10.2025 passed by the IInd District Judge, District Vidisha (M.P.) in Miscellaneous Civil Appeal No. 36/2025, whereby the First Appellate Court affirmed the order passed by the Trial Court.
2. The brief facts of the case are that the petitioner/plaintiff instituted a civil suit for permanent injunction against the respondent/defendant in respect of land situated at Ganeshganj Marg, Lohangipur, District Vidisha.
3. Learned counsel for the petitioner submitted that the plaintiff was working as a Timekeeper in the Public Health Engineering Department, Vidisha Sub-Division, since the year 1982. At that time, the plaintiff did not have a residential house. With the alleged consent of the departmental officers, the plaintiff constructed three tin-shed rooms measuring 8 ft × 8 ft each at his own expense on vacant land situated near the P.H.E. Department quarters, Vidisha. It was further submitted that an electricity meter was installed in the name of the plaintiff in the said premises, which is referred to as the disputed house in the p
Injunction – Mere long possession, without any lawful authority, does not confer any enforceable right so as to grant protection by way of injunction.
Possession rights must be protected during title disputes in civil courts even if administrative proceedings are ongoing.
A party seeking a temporary injunction must establish lawful possession, a prima facie case, balance of convenience, and irreparable injury.
The High Court affirmed that temporary injunctions can grant relief akin to final orders in urgent scenarios, upholding prior judgments and property ownership without jurisdictional errors.
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
The concept of 'Due Process' and its application in property disputes, as well as the limitations of the court's powers under Article 227 of the Constitution of India.
Injunction cannot be claimed to perpetuate unauthorised possession by invoking equitable jurisdiction of Civil Court.
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